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| Small Vermont company beats fast-food giant Chik-fil-A in kale trademark battle | |
| (35 minutes later) | |
| Kale emerged the victor in a titanic three-year legal struggle against chicken – or rather, “chikin” – on Friday, after a Vermont silk-screen artist beat controversial fast food giant Chik-fil-A in a battle over trademark protection. | Kale emerged the victor in a titanic three-year legal struggle against chicken – or rather, “chikin” – on Friday, after a Vermont silk-screen artist beat controversial fast food giant Chik-fil-A in a battle over trademark protection. |
| Bo Muller-More’s small Vermont-based company prints T-shirts that say “Eat More Kale,” but Chik-fil-A – which has 1,800 locations nationwide – claimed “Eat More Kale” was too similar to their advertising slogan, “Eat Mor Chikin [sic].” | Bo Muller-More’s small Vermont-based company prints T-shirts that say “Eat More Kale,” but Chik-fil-A – which has 1,800 locations nationwide – claimed “Eat More Kale” was too similar to their advertising slogan, “Eat Mor Chikin [sic].” |
| Muller-Moore had been fighting to get the US Patent and Trademark Office (USPTO) to grant his application for almost three years, but Chik-fil-A’s lawyers used an unusual legal wrangle called a “letter of protest” to try to derail his application. | Muller-Moore had been fighting to get the US Patent and Trademark Office (USPTO) to grant his application for almost three years, but Chik-fil-A’s lawyers used an unusual legal wrangle called a “letter of protest” to try to derail his application. |
| In November, an examiner at the USPTO ruled in favour of giving trademark protection to “Eat More Kale.” | In November, an examiner at the USPTO ruled in favour of giving trademark protection to “Eat More Kale.” |
| Vermont’s governor, Peter Shumlin, who has been involved with the case, gave a joint press conference on Friday with Muller-Moore to celebrate the victory, which he portrayed as a win for “the little guy who stands up to a corporate bully”, as well as a victory for the state of Vermont. | Vermont’s governor, Peter Shumlin, who has been involved with the case, gave a joint press conference on Friday with Muller-Moore to celebrate the victory, which he portrayed as a win for “the little guy who stands up to a corporate bully”, as well as a victory for the state of Vermont. |
| “The message is out: don’t mess with Vermont. And don’t mess with Bo,” said the governor. “In Vermont, we care about what’s in our food, who grows it, and where it comes from. That’s what Bo and Eat More Kale represent. And that’s something worth fighting for.” | “The message is out: don’t mess with Vermont. And don’t mess with Bo,” said the governor. “In Vermont, we care about what’s in our food, who grows it, and where it comes from. That’s what Bo and Eat More Kale represent. And that’s something worth fighting for.” |
| Muller-Moore, who started his T-shirt printing business in 1999 after being given a silk-screen kit by his wife, first received a “cease-and-desist” letter from Chik-fil-A’s lawyers in 2006, but the real legal battle didn’t start until he filed an application for trademark protection in August 2011. | Muller-Moore, who started his T-shirt printing business in 1999 after being given a silk-screen kit by his wife, first received a “cease-and-desist” letter from Chik-fil-A’s lawyers in 2006, but the real legal battle didn’t start until he filed an application for trademark protection in August 2011. |
| In October 2011, lawyers representing Chik-fil-A sent another aggressive “cease-and-desist” demand, saying “Chik-fil-A’s intellectual property is extremely valuable to it, and it will pursue all available remedies, including opposing your client’s application, in the event it fails to comply with this demand.” | In October 2011, lawyers representing Chik-fil-A sent another aggressive “cease-and-desist” demand, saying “Chik-fil-A’s intellectual property is extremely valuable to it, and it will pursue all available remedies, including opposing your client’s application, in the event it fails to comply with this demand.” |
| Muller-Moore said that he never would have dreamed it would take the USPTO so long to decide on his trademark case. He said he was thrilled that reason prevailed and Chil-fil-A had to “eat some crow”, and admit they were wrong. | Muller-Moore said that he never would have dreamed it would take the USPTO so long to decide on his trademark case. He said he was thrilled that reason prevailed and Chil-fil-A had to “eat some crow”, and admit they were wrong. |
| “My company is not going to ‘cease and desist,’” he said. “I am now allowed to protect my simple, original art from copycat artists and hopefully Chik-fil-A’s trademark bullying spree can come to an end.” | “My company is not going to ‘cease and desist,’” he said. “I am now allowed to protect my simple, original art from copycat artists and hopefully Chik-fil-A’s trademark bullying spree can come to an end.” |
| “I hope Mom and Pop operations across the country will see this as a victory for all of us.” | “I hope Mom and Pop operations across the country will see this as a victory for all of us.” |
| The Vermont senator Bernie Sanders also got involved in the victory celebrations. “The American people are getting tired of the greed and recklessness of large corporations which use their size and power to push individuals and small businesses around,” he said. “Bo fought the fight not just for Eat More Kale, but for all small businesses out there, making a difference for their families and their communities. He fought and he won!” | The Vermont senator Bernie Sanders also got involved in the victory celebrations. “The American people are getting tired of the greed and recklessness of large corporations which use their size and power to push individuals and small businesses around,” he said. “Bo fought the fight not just for Eat More Kale, but for all small businesses out there, making a difference for their families and their communities. He fought and he won!” |
| Ashlyn Lembree, a lawyer and professor of law at the University of New Hampshire specialising in intellectual property, who worked as co-counsel for Muller-Moore’s case, described the feeling of victory as “fabulous”. | Ashlyn Lembree, a lawyer and professor of law at the University of New Hampshire specialising in intellectual property, who worked as co-counsel for Muller-Moore’s case, described the feeling of victory as “fabulous”. |
| This is not the first time that Chik-fil-A has found itself portrayed in a negative light. In 2011, they were the target of nationwide protests after it was reported that the corporation had made big donations to anti-gay pressure groups. | This is not the first time that Chik-fil-A has found itself portrayed in a negative light. In 2011, they were the target of nationwide protests after it was reported that the corporation had made big donations to anti-gay pressure groups. |
| A representative of Chik-fil-A was not available for comment. | A representative of Chik-fil-A was not available for comment. |